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Kerala High Court

Fithaah Ftahima (Minor) vs State Of Kerala on 24 November, 2025

Author: V.G.Arun

Bench: V.G.Arun

                                               2025:KER:90302
WP(C) NO. 44177 OF 2025

                                1
           IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

               THE HONOURABLE MR.JUSTICE V.G.ARUN

  MONDAY, THE 24TH DAY OF NOVEMBER 2025 / 3RD AGRAHAYANA,

                              1947

                     WP(C) NO. 44177 OF 2025

PETITIONER:

           FITHAAH FTAHIMA (MINOR)
           AGED 17 YEARS
           STUDENT, AJJMGHSS,
           THALAYOLAPARAMBU SCHOOL
           REPRESENTED BY HER FATHER, SHAMON PU.,
           AGED 44 YEARS. S/O UMMER,PLAMBATHU, VADAKARA,
           THALAYOLAPARAMBU,KOTTAYAM, PIN - 686605


           BY ADVS.
           SRI.V.VISAL AJAYAN
           SHRI.FRANCIS THENAMPARAMBIL




RESPONDENTS:

     1     .STATE OF KERALA
           REPRESENTED BY ITS SECRETARY,
           GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
           JAGATHY,THIRUVANANTHAPURAM, PIN - 695014

     2     THE CONVENOR
           VAIKOM SUB DISTRICT SCHOOL KALOLSAVAM 2025-2026
           ASSISTANT EDUCATION OFFICER,
           EDUCATION OFFICE VAIKOM, KOTTAYAM, PIN - 686142

     3     THE CHAIRMAN
           APPEAL COMMITTEE,
           VAIKOM SUB DISTRICT SCHOOL KALOLSAVAM 2025-2026
                                                     2025:KER:90302
WP(C) NO. 44177 OF 2025

                                  2
             DISTRICT EDUCATION OFFICER,
             DISTRICT EDUCATION OFFICE KADUTHURUTHY,
             KOTTAYAM, PIN - 686604

     4       THE CONVENER
             KOTTAYAM REVENUE DISTRICT SCHOOL KALOLSAVAM 2025-
             2026. REPRESENTED BY ITS CHAIRMAN DEPUTY DIRECTOR
             OF EDUCATION, KOTTAYAM, PIN - 686013

             BY SMT. AMMINIKUTTY, SR. GOVERNMENT PLEADER


      THIS    WRIT   PETITION    (CIVIL)   HAVING   COME    UP    FOR
ADMISSION     ON   24.11.2025,   THE   COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
                                                     2025:KER:90302
WP(C) NO. 44177 OF 2025

                                   3



                             JUDGMENT

The petitioner participated for 'Arabic Padyam Chollal' competition in the Vaikom Sub District School Kalolsavam 2025-26 and secured second place. Dissatisfied with the result, the petitioner preferred an appeal, which the Appeal Committee rejected as per Ext.P4. Aggrieved, this writ petition is filed.

2. Learned counsel for the petitioner referred to Clause 11 of the Circular dated 16.09.2025 containing the guidelines for the conduct of Youth Festival and consideration of appeals to contend that it is mandatory for the Appeal Committee to view the video of the applicant's performance.

Attention is drawn to the impugned order to point out that instead of viewing the video, the Committee made the petitioner perform again and came to the conclusion that the decision of the Judges is correct. It is hence contended that the order should be interfered with and the petitioner permitted to participate in the Revenue District Kalolsavam.

3. Learned Government Pleader submits on 2025:KER:90302 WP(C) NO. 44177 OF 2025 4 instructions that the Committee made the petitioner perform again, as the video of her performance was not available.

4. No doubt, the guidelines require the Committee to view the video of the applicant's performance.

Be that as it may, since the video was not available, the only process by which the Committee could evaluate her performance was to view her live performance. Here, the following erudite exposition in Sweety v. State of Kerala [1994 KHC 216] assumes relevance;

"5.While dealing with these cases it came to my notice that there are functionaries like 'Judges', 'Appeal Committee', etc. functioning under the rules framed for the conduct of competitions. Those bodies cannot be equated with ordinary judicial or quasi judicial bodies. As pointed out earlier, they are purely internal bodies of the educational institutions intended to subserve discipline among students in situations where disputes are likely to occur. The exercise of their functions is completely confined to the field of Youth Festival where the discipline is absolutely necessary for the proper conduct of different competitions among the students. The decisions will have to be taken in certain cases on the spot and I fail to see how such decisions can be challenged in these proceedings. The assessment of performance of the participants are made by 2025:KER:90302 WP(C) NO. 44177 OF 2025 5 the 'judges'. Their wisdom and reason are final in such internal matters of educational institutions. However as an abundant caution the appeals are provided before the 'appeal committee' against the decision of the 'Judges'. The decision of the 'appeal committee' shall be accepted as conclusive and final by the students and all others. That is purely a matter of observance of internal discipline. This court, according to me, will not be justified in interfering with such assessment of performance made by the appeal committee in their discretionary powers."

In view of the precedent, with which I am in respectful agreement, the Writ Petition is dismissed.

Sd/-

V.G.ARUN JUDGE SPV 2025:KER:90302 WP(C) NO. 44177 OF 2025 6 APPENDIX OF WP(C) 44177/2025 PETITIONER'S EXHIBITS EXHIBIT P1 A TRUE COPY OF THE CERTIFICATE KERALA STATE SCHOOL KALOLSAVAM IN THE YEAR 2024-2025 EXHIBIT P2 A TRUE COPY OF THE CERTIFICATE KOTTAYAM REVENUE DISTRICT SCHOOL KALOLSWAM IN THE YEAR 2024-2025 EXHIBIT P3 A COPY OF THE RECEIPT TOWARDS APPEAL DATED 12.11.2025 EXHIBIT P4 A COPY OF THE APPEAL ORDER PASSED BY THE 3RD RESPONDENT DATED 19.11.2025 EXHIBIT P5 A COPY OF THE GUIDELINES TO THE SCHOOL KALOLSAVAM DATED 16.09.2025 ISSUED BY THE 1ST RESPONDENT RESPONDENT'S EXHIBITS: NIL //TRUE COPY// PA TO JUDGE